Yes if He Hacked Police

The co founder of Pirate Bay should be sentenced to prison, but not for being the co founder of Pirate Bay. The charges before him stem to more serious crimes then simply having a file sharing program creation. He is charged with hacking and stealing police files which I do believe he should be sentence for if found guilty.

No laws were broken in his country

TPB is a website that provides torrent files and magnet links to facilitate peer-to-peer file sharing using the BitTorrent protocol. It was founded in Sweden in 2003.

The Pirate Bay is also an organization established in November 2001

In 2001 and 2003 they were within the laws of their country.

Representatives of the American film industry (MPAA) and the international porn industry (Bang Bros, Amateur Teen Kingdom, and International Federation of the Phonographic Industry (IFPI).) continued to request removal of links and to lobby the Swedish government for changes in laws so they could sue TPB

On 17 April 2009, Peter Sunde, Fredrik Neij, Gottfrid Svartholm and Carl Lundström were found guilty of assistance to copyright infringement

NOTE - They did not break copyright laws, so a new law was made and selectively enforced. This would be like suing a manufacturer of blank CD or DVD media for "assistance to copyright infringement" because a consumer might break copyright laws with their product.